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A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On July 25, 2002, the defendant was sentenced to imprisonment with prison labor for night intrusion larceny, etc. at the High Military Court of the Ministry of National Defense on July 25, 2002; eight months from the Seoul Western District Court of the Seoul Western District on September 1, 2004; one year from the imprisonment with prison labor for larceny, etc. at the Seoul Northern District Court of the Seoul Northern District on May 2, 2008; two years from the Seoul Southern Southern District Court of the Seoul Southern District Court on October 8, 2009; and the execution of the sentence was completed on September 6, 201.
around 16:00 on October 24, 2013, the Defendant, who was sentenced to four times to imprisonment due to night-time intrusion theft, larceny, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, such as the above criminal records, was placed at the victim D's house located in Dongjak-gu Seoul Metropolitan Government CB0, and entered into a plan to open the victim's window scam of another toilet window scam in his/her house in his/her hand and intrudes the victim's window scam in his/her house, and then stolen two gold 2.40,000 won in cash owned by the victim and 400,000 won in his/her market value.
Summary of Evidence
1. Defendant's legal statement;
1. Written statements of D;
1. The results of the comparison of the DDA and the results of inquiry into the identity of the DDA, which is a type of DNA;
1. On-site guidance and on-site photographs;
1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (Attachment to the same final judgment), and investigation reports (applicable to repeated crimes);
1. Habitualness of judgment: Application of the Acts and subordinate statutes recognizing dampness in light of the records of each crime, method of crime, etc. as shown in the judgment;
1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and the choice of limited imprisonment for a crime;
1. Discretionary mitigation of factors: (a) both types of punishment [decision of type] under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., Supreme Court Decision]; (b) habitual larceny; (c) habitual repeated larceny; (d) ordinary habitual larceny; (d) 2 to 4 years (basic area); (d) aggravated factors; (e.g., intrusion upon a person who intrudes upon his/her residence or destroying corrective devices; and (e) the defendant led to confession.